NARAINJI VISHRAM CHHATBAR Vs. KIRAN GAJENDRA MEHTA

JUDGEMENT

(1.) A Short but crucial and decisive point that arises for consideration in this matter is whether a partner can file a suit seeking reference to the Arbitrator on the basis of partnership agreement which is unregistered.

(2.) SINCE, it is a point of law the matter is being disposed of without going into the merits or demerits of the rival contentions.

(3.) FEW relevant facts : it is the case of the plaintiff that by a deed of partnership dated 1st August, 1990 partnership between the plaintiff and the defendant came to be constituted. Copy of the deed of partnership has been annexed as Exh-A to the plaint. On perusal of the said deed of partnership, it is noticed that the partnership has not been given any name. According to the plaintiff, dispute arose with regard to the said partnership. It may be stated that the main dispute seems to be revolving over the premises where the partnership business was supposed to have been carried on. According to the plaintiff disputes have arisen between him and the other partner and therefore as provided in Clause 15 partnership agreement the reference be made to the Arbitrator for adjudication. On behalf of the Defendant, however the suit is opposed at the stage of admission, inter-alia contending that the alleged partnership being not registered under section 69 of the Indian partnership Act the suit filed seeking reference to the Arbitrator is not competent and maintainable. This is apart from the fact that the defendant has denied there being partnership as alleged. On the legal aspect, I heard both the learned advocates. Mr. Jain has referred to decisions, namely ;